Terms & Conditions

Acceptance of terms

Welcome to our store Rosepetal. You can review the most current version of the Service Terms at any time at: www.rosepetal.co.in. In addition, when using particular our services or third party services, you shall be subject to any posted guidelines or rules applicable to such services as may be posted at the relevant time. The following Terms of Service (“Service Terms”), which may be updated by us from time to time without notice to you.

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the official website of Rosepetal, and supersede and govern all prior proposals, agreements, or other communications.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

These terms & conditions of use do not require any physical, electronic or digital signature, and is a legally binding document between user and Rosepetal (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and Rosepetal for the use of our website.

Store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright -laws).

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the privacy policy and agree to be bound by its terms and conditions. Your consent to the use of personal information by Rosepetal in accordance with the terms of and purposes are set forth in the privacy practices, the same may be subject to amendment from time to time at the sole discretion of the company. For more information, please see our full privacy policy at www.rosepetal.co.in. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to any other country for storage, processing and use by Rosepetal and its affiliates.

Payments

Please see our payment policies to understand the purchase processes of our products online. All shipping orders may attract local taxes applicable in the country and the customer will have to pay accordingly locally. Payments for the products available on the Site may be made in the following ways. Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, Cash on Delivery and reward points. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services.

Billing and Account Information

Rosepetal reserves the right to refuse any order you place on the online store. We may, in our sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Registration obligations

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If you provide any information that is untrue, inaccurate, not current or incomplete, then Rosepetal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. We have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) without any liability to you. We are concerned about the safety and privacy of all our users.

Products and services for personal use

The products and services available on the Site, and the samples, if any, that Rosepetal may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. You should carefully read the individual terms and conditions in relation to the services of Rosepetal before purchasing any of the items like bedsheets, bedcovers, rugs, cushion covers etc. You cannot not sell or resell any of the products or services, or samples you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms & Conditions.

Eligibility criteria

In order to make a purchase through our website or to use the services or features made available to you on the site you will be required to register. When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and e-mail address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately.

We may change registration requirements from time to time. Furthermore, when ordering items from Rosepetal, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the site in accordance with law.

Availability of products

All Products in our portfolio are subject to availability. Validly stated, and prices on our site will remain in effect for so long as the products are available or as otherwise stated on our Site. We will inform you as soon as possible if the Products you have ordered are not available.

Accuracy of information

We try to be as accurate as possible when describing our products on the website. However, we are not liable for any claims arising out of any inadvertent errors or inaccuracies. Except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free. Please contact us in case of any product related queries.

Pricing policy

We have taken great care in the preparation of the content of this site, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or the prices as advertised on this Site. All prices are displayed including GST and exclusive of delivery charges. The total cost of your order is the price of the Products ordered plus GST at the current rate and plus the delivery charges as set out during the checkout process. We do not charge your credit or debit card until we dispatch your order. Items in your online shopping cart will reflect the most recent price displayed on the product’s detail page.

Online order process

The online ordering process consists of following steps: You add the Products which you wish to purchase to your shopping cart. You select your preferred delivery method. If you would like to send your order as a gift, you can choose to have it gift wrapped at the delivery options stage of the ordering process, and you will then be offered the opportunity to add a gift note with a personal message. You provide an address for delivery, a billing address, and any requested payment information; you will be asked to read carefully and then accept the T&Cs. Before finally submitting your order, you will have a final opportunity to review the Products to be purchased and their prices (including any additional charges and fees such as delivery costs) and all of the information you have submitted, and then you will click ‘Submit’ to complete the order process.

Acknowledgement of the orders

We will notify you by e-mail or SMS as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by e-mail or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).

A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you). We may not accept your order if a Product you have ordered is out of stock, if we have identified a Product or pricing error, or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.

Intellectual property rights

All information and content available on the website and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Rosepetal, our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. As required under applicable law, neither the Content nor any portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

Rosepetal owns all Intellectual Property Rights to and into the Website, including, without

limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. All products sold on Rosepetal are the sole property of Rosepetal and shall not be reproduced by you for any commercial or non-commercial purpose.

Links

Our Service may contain links to third party web sites or services that are not owned or controlled by Rosepetal. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Rosepetal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Third party links

We are not responsible for the content of any off-website pages or any other websites linked to or from Rosepetal website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. If you are linking to or from any off-website pages or other websites it would be solely at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

Rosepetal’s proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Disclaimer of warranties

YOU’RE ACCESSING OR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IN ADDITION TO OTHER PROHIBITIONS AS SET FORTH IN THE TERMS OF SERVICE, YOU ARE PROHIBITED FROM USING THE SITE OR ITS CONTENT SUCH AS –

· To infringe upon or violate our intellectual property rights or the intellectual property rights of others

· To submit false or misleading information

· To collect or track the personal information of others

· For any obscene or immoral purpose or

· To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

· We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

· Disclaimer of Warranties, Limitation of Liability

· We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

· You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

· You expressly agree that your use of or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Rosepetal, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product.

Special Features, Functionality and Events

Rosepetal may offer certain special features and functionality or events (such as contests, promotions or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

Limitation of liability

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

Indemnity

You agree to indemnify and hold Rosepetal, its suppliers, parent, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, violation by you of the Service Terms, or violation by you of any rights of any other person, or your breach of any applicable law.

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services.

If you make any submissions, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

Indemnities

You agree to defend, indemnify and hold harmless to Rosepetal, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Rosepetal or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

Shipping

Title and risk of loss for all products ordered by you shall pass on to you upon Rosepetal’s shipment to the shipping carrier.

The delivery varies from state to state. The expected delivery is 2-5 days from the date of order.

We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorised to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address to our customer care.

Disputes

With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Delhi, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Delhi, India, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the Rosepetal website shall be referred to the sole Arbitrator appointed by the Chairman and managing director of Rosepetal in accordance with the law.

To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.

Modifications to the service and product prices

Prices for our products are subject to change without any notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Notices

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this website. You agree that all notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us and discontinue your use of this website.

In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses. Unfortunately, we cannot provide the benefits of this website to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

Termination

You agree that Rosepetal, in its sole discretion, may terminate your use of the Service for any reason, including, without limitation, for lack of use or if Rosepetal believes that you have violated or acted inconsistently with the letter or spirit of the Service Terms. Rosepetal may also in its sole discretion and at any time discontinue providing the Service, or any part thereof. Termination of your access to the store may be effected without prior notice to you, and you acknowledge and agree that Rosepetal may immediately bar any further access to such files or the Service. Further, you agree that Rosepetal shall not be liable to you or any third-party for any termination of your access to the Service.

Disclaimer

Your use of the products and service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Rosepetal and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Disclaimers of warranties & liabilities

The website, services, content, user content and any third party content are provided by Rosepetal on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, Rosepetal makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (iii) the quality of the website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from Rosepetal or through the website / content or from use of the services shall create any warranty not expressly stated in these terms of use.

Exactness not guaranteed

Rosepetal.co.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the website may not meet your expectations. Alterations to certain aspects of your order such as size, colour etc. may be required due to limitations caused by availability of product difference in size charts etc. In this instance you agree that a representative from Rosepetal.co.in will call you or send an approval request via the email address which you submitted when placing your order.

If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Rosepetal.co.in may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.

Changes in terms& conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Services

The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

Use of content

Except as expressly indicated to the contrary in any applicable Additional Service Terms, Rosepetal hereby grants you a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

· You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;

· You may not modify or alter product catalogues available on the Website;

· You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and

· You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

The rights granted to you in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

Communications

When You use the Website or send emails or other data, information or communication to Rosepetal, You agree and understand that You are communicating with Rosepetal through electronic records and You consent to receive communications via electronic records from Rosepetal periodically and as and when required. Rosepetal may communicate with you by email or by notices on Website or electronic records on the Website or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

Dealing with third parties

Any feedback you provide to this website shall be deemed to be non-confidential. Rosepetal shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Rosepetal is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Rosepetal may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Rosepetal for the feedback under any circumstances.

You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties. Further, in the event that Rosepetal makes any changes or modifications to the website, Content and / or Services on the basis of any such feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assigned to Rosepetal.